Monthly State Update:
MAJOR DEVELOPMENTS IN 2006
(as of 3/1/2006)
This
update provides information on legislation, as well as relevant
executive branch actions and judicial decisions in states across
the country. For each of the topics listed below, the number of
states in which legislation has been introduced is given, as are
the names of the states in which subsequent action has been taken.
Detailed summaries are provided for legislation that has been passed
by at least one house of a legislature and for major court decisions;
actions for the current month are in bold. For an archive of previous
monthly updates, click here.
As of the
beginning of March, legislatures in 41 states (AL, AK, AZ, CA, CO,
CT, DE, GA, HI, ID, IL, IN, IA, KS, KY, ME, MA, MD, MI, MN, MS,
MO, NE, NH, NJ, NM, NY, OH, OK, PA, RI, SC, SD, TN, UT, VT, VA,
WA, WV, WI and WY) were in regular session. The legislatures in
three states (FL, LA and NC)have not yet convened. Legislatures
in six states (AR, MT, NV, ND, OR and TX) will not meet in a regular
session in 2006.
Jump to actions around:
Abortion
Abortion Bans to Replace Roe
'Choose
Life' License Plates
Crisis
Pregnancy Centers/Alternatives to Abortion
Fetal
Pain
Mandatory Counseling and Waiting Periods
Medication
Abortion
Minors
Reporting
Parental Involvement
'Partial-Birth' Abortion
Physician-Only Requirements
Postviability Abortion
Private Insurance Coverage of Abortion
Protecting Access to Clinics
Public
Funding of Abortion
Reporting Statistical Information to State
Agencies
Stem-Cell and Embryo Research
Targeted
Regulation of Abortion Providers
See Also:
Contraception
and Prevention: Abortion-Related Restrictions on State Family Planning
Funds
Fetal
Assault
Refusal Clauses: Abortion Services (See
also General Medical Services)
Contraception
& Prevention
Abortion-Related Restrictions on State
Family Planning Funds
Contraceptive Coverage
Emergency Contraception
HPV
Parental
Involvement
Requiring
Pharmacists or Pharmacies to Dispense Contraception
State
Medicaid Family Planning Eligibility Expansions
See Also:
Youth:
Child Abuse Reporting
Refusal Clauses: Contraceptive Services
(See also General Medical Services)
Pregnancy
& Birth
Fetal
Assault
HIV
Testing of Infants and Pregnant Women
Infant
Abandonment
Infertility
Coverage
Substance Abuse During Pregnancy
Refusal
Clauses
Abortion Services
Contraceptive Services
General Medical Services
Youth
Child Abuse Reporting
Sex Education
See Also:
Abortion:
Minors Reporting
Abortion: Parental Involvement
Contraception & Prevention: Parental Involvement
ABORTION
See also:
CONTRACEPTION
& PREVENTION: Abortion-Related Restrictions on State Family
Planning Funds
REFUSAL CLAUSES
Introduced: 9 states
State with further action
Passed
at least one chamber: SD
In
February, the SOUTH DAKOTA legislature passed a bill that
would ban all abortions in the state except those necessary to save
the life of the mother. The bill is awaiting action by Gov. Mike
Rounds (R). (In early March, Gov. Rounds signed the bill.)
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'Choose
Life' License Plate Revenue Used to Fund Crisis Pregnancy Centers
Introduced: 4 states
Click
here for current status of state policy
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Crisis
Pregnancy Centers/Alternatives to Abortion
Introduced: 4 states
States with further action
Committee
action: AZ and MO
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Fetal
Pain
(These
bills overlap with bills in the Mandatory Counseling and Waiting
Period category.)
Click
here for the current status of state policy
Introduced: 8 states
States with further action
Committee
action: MO
Passed
at least one chamber: AZ, IN, OK and UT
Vetoed:
WI
In
February, the ARIZONA House passed a bill that would amend
the state's current counseling law to require that women seeking
an abortion who are at at least 20 weeks gestation be told that
"the unborn child has the physical structures necessary to experience
pain" and that anesthesia may be administered directly to the fetus
to help eliminate any pain caused by the abortion. The bill, which
contains an exception for medical emergencies, is pending in the
Senate.
In
February, the INDIANA House passed a bill that would amend
the state's current counseling law to require that a woman seeking
an abortion be told that a fetus may feel pain and that she has
the option of having anesthesia provided directly to the fetus if
the procedure takes place at at least 20 weeks' gestation. The bill
would also require that women be told, in writing, about adoption
alternatives, the potential health risks of abortion and that life
begins at fertilization. The bill is pending in the Senate.
In
February, the OKLAHOMA House passed a bill that would amend
the state's current counseling law to require that a woman having
an abortion after at least 20 weeks' gestation be given the option
to review materials that include information on the possibility
of a fetus to feel pain after that point in pregnancy. The woman
would also be given the option to have anesthesia administered directly
to the fetus. The bill is pending in the Senate.
In January,
the UTAH House passed a bill that would amend the state's existing
counseling law to require that, except in the case of medical emergencies,
women seeking an abortion who are at least 20 weeks pregnant must
be told about the availability of anesthesia that can be administered
directly to the fetus to help eliminate pain. The bill is awaiting
action in the Senate.
In January,
WISCONSIN Gov. Jim Doyle (D) vetoed a measure that would have amended
the state's current counseling law to require that women who are
seeking an abortion at least 20 weeks of gestation be told that
the unborn child has the physical structures necessary to experience
pain and that anesthesia may be administered directly to the fetus
to help eliminate any pain caused by the abortion. The bill had
passed the Senate in September
2005, and the Assembly in November.
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Women
Required to Receive State-Directed Counseling:
Introduced: 6 states
States with further action
Committee
action: KY
Passed
at least one chamber: IN, MS and UT
Click
here for current status of state policy
In
February, the INDIANA House passed a bill that would amend
the state's current counseling law to require that a woman seeking
an abortion be told, in writing, about adoption alternatives, the
potential health risks of abortion and that life begins at fertilization.
The bill, which would also add that a woman be told about fetal
pain, is pending in the Senate.
In
February, the MISSISSIPPI Senate passed a bill that would
amend the state's current counseling law to require a physician
to perform an ultrasound on a patient at least 24 hours prior to
an abortion and give the woman the opportunity to view the ultrasound
image and/or receive a hard copy of it. The measure is pending in
the House of Representatives.
In January,
the UTAH House passed a measure that would amend the state's current
counseling law to require that the information given to women prior
to an abortion include a list of adoption agencies and information
on financial assistance that can be provided by adoptive parents.
The measure, which also includes a provision requiring parental
consent, is awaiting action in the Senate.
Requirements for State-Directed Counseling
Followed by a Waiting Period:
Introduced: 10 states
State with further action
Passed
at least one chamber: KY
Click
here for current status of state policy
In
February, the KENTUCKY Senate passed a bill that would
amend the state's counseling law to mandate that counseling be provided
to a woman orally and in person at least 24 hours prior to an abortion.
The current law allows the information to be delivered in person,
through the Internet or on the telephone. The measure is pending
in the House of Representatives.
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Medication
Abortion
In
February, the Sixth Circuit U.S. Court of Appeals upheld
an injunction of an OHIO law that would limit the use of mifepristone
except in accordance with all FDA guidelines governing the use of
the drug, including limiting its use to women who are more than
seven weeks pregnant. The law does not have an exception for cases
when medical abortion is safer than surgical abortion in protecting
the life and health of the mother. The case, originally filed in
August 2004, will now be returned to the district court to determine
whether the preliminary injunction should have been more narrowly
drafted.
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Minors
Reporting Requirements
Introduced: 8 states
States with further action
Committee
action: WV
Passed
at least one chamber: OK
In
February, the OKLAHOMA House passed a measure mandating
specific reporting requirements for abortions involving minors.
Physicians would need to report the number of instances in which
a parent is notified, the number of abortions performed without
notice being given and the number of judicial bypasses granted.
These statistics, with personal information removed, would be made
public once a year. The measure is awaiting action in the Senate.
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Parental
Consent Requirements:
Introduced: 15 states
States with further action
Committee
action: AZ
Passed
at least one chamber: OK and UT
Click
here for current status of state policy
In
February, the OKLAHOMA House passed a measure that would
require a parent's consent before a physician could perform an abortion
on a minor. The consent would be necessary in addition to Oklahoma
's current requirement for parental notification. Neither notification
nor consent would be necessary in the case of a medical emergency
or a judicial bypass, as under current law. This measure would also
allow for a physician to perform an abortion without parental notification
and consent if the minor declares she is a victim of sexual abuse
and a report is made. The measure is awaiting action in the Senate.
In January,
the UTAH House passed a measure requiring abortion providers to
obtain parental consent before performing an abortion on a minor.
(State law would continue to require providers to notify one of
the minor's parents 24 hours before the procedure as well.) Consent
could be waived with a judicial bypass or in cases of a medical
emergency. The measure also requires that the counseling given to
women include information concerning adoption. The measure is currently
awaiting action in the Senate.
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Parental Notification
Requirements:
Introduced: 13 states
Click
here for current status of state policy
In
February, The Federal District Court for the Northern District
of FLORIDA upheld the state's parental notification law. The law,
which went into effect in July 2005, requires parental notification
before a physician may perform an abortion on a minor.
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Introduced: 6 states
Click
here for current status of state policy
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Physician-Only
Requirements
Introduced: 7 states
States with further action
Committee
action: MS and VA
Enacted:
OH
In
February, OHIO Gov. Bob Taft (R) signed a measure that
would prohibit physician assistants from performing an abortion
or prescribing a drug that would induce an abortion. The bill passed
the Senate in October 2005 and the House of Representatives in January.
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Introduced: 5 states
Click
here for current status of state policy
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Introduced: 3 states
State with further action
Passed
at least one chamber: AZ
Click
here for current status of state policy
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Introduced: 4 states
State with further action
Committee
action: WA
Click
here for current status of state policy
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Introduced: 9 states
State with further action
Committee
action: VA
Click
here for current status of state policy
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Reporting
Statistical Information to State Agencies
Introduced: 5 states
States with further action
Committee action: WV
Passed at least one chamber:
KS and VA
Click
here for current status of state policy
In
February, the KANSAS Senate passed a measure that would
require certain reporting requirements for abortions: Physicians
would need to report information concerning abortions performed
after 22 weeks' gestation, including any mental or physical disabilities
on the part of the pregnant woman and any fetal abnormalities. A
requirement to report abortions performed on minors was removed
from the bill before passage. The measure is awaiting action in
the House.
In
February , the VIRGINIA House passed a bill that would
require that doctors submit a report to the state each time a patient
has physical complications or dies as the result of an abortion.
The bill died in the Senate.
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Introduced: 18 states
States with further action
Committee
action: MD
Passed
at least one chamber: DE, MS and VA
In January,
the DELAWARE House amended and passed a measure that had originally
been intended to promote stem cell research in the state. As passed
by the Senate in June, the original version would have promoted
stem cell research while banning reproductive cloning. In sharp
contrast, the House-passed version would ban reproductive cloning
while leaving the issue of stem cell research unaddressed. The measure's
sponsor in the Senate has decided to let the bill expire rather
than ratify the House version.
In
February, the MISSISSIPPI House passed a measure banning
all forms of cloning in the state, including somatic cell nuclear
transfer. Therapeutic cloning not involving somatic cell nuclear
transfer would be protected and an advisory committee would be established
to monitor stem cell research in the state. The measure later died
in a Senate committee.
In
February, the VIRGINIA Senate and House passed separate
measures creating a Virginia Cord Blood Initiative to collect, screen
and store umbilical cord blood. In addition, the two measures would
promote umbilical cord donation awareness in hospitals and among
pregnant women. The measures are awaiting action in both the House
and Senate.
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Targeted
Regulation of Abortion Providers
Introduced: 11 states
States with further action
Committee
action: KY
Passed
at least one chamber: IN, KS and VA
Enacted:
SD
In
February, the INDIANA House passed a measure that would
establish new building codes for abortion clinics. Specifically,
it would require abortion clinics to meet a variety of physical
plant requirements by January 1, 2007 or face revocation of their
licenses. The Senate then amended and passed the measure. Under
the Senate version, abortion clinics would need to meet standard
fire and health safety codes and would be subject to inspection
once a year. The measure is awaiting concurrence in the House.
In
February, the KANSAS House passed a measure that would
regulate all office-based surgical centers in the state. What began
as a bill targeting abortion clinics was amended to regulate building
codes and licensing and inspection processes for all nonhospital
facilities where surgery occurs. The measure was amended to win
approval from Gov. Kathleen Sebelius, who, in the past, has vetoed
similar bills that specifically targeted abortion clinics. The measure
is awaiting action in the Senate.
In
February, the U.S. Sixth Circuit Court of Appeals issued
a decision in a case involving OHIO's requirement that ambulatory
surgical centers, such as abortion clinics, have an agreement with
a local hospital to accept clinic patients in cases of an emergency.
No local hospital would agree to such a transfer arrangement with
an abortion clinic, leading the facility to request a waiver of
the requirement from the state. When the state refused the waiver
and ordered the clinic closed, the clinic filed suit, arguing that
patients would be endangered by needing to travel long distances.
The court dismissed the suit, in part, because it held that traveling
long distances to obtain an abortion does not constitute undue burden.
In
February, the SOUTH DAKOTA House passed, and Gov. Mike
Rounds (R) signed into law a measure imposing regulations of abortion
clinics that are more onerous than those imposed on similar types
of health care facilities. The new measure gives the state Department
of Health unlimited control of the regulatory process and higher
application fees. The new law will go into effect July 1, 2006.
In
February, the SOUTH DAKOTA House passed a measure that
would have imposed regulation of abortion clinics. It would have
required steep licensing fees and given the state health department
virtually unlimited authority to regulate abortion providers. The
measure died when it was subsequently replaced with an abortion
counseling bill that was defeated.
In
February, the VIRGINIA House passed a measure imposing
regulations on abortion clinics that would have defined all abortion
clinics as ambulatory surgical facilities. It would have required
abortion clinics to meet heightened building code regulations and
be subject to scrutiny greater than that imposed on other nonhospital
surgical providers in the state. The measure died in Senate committee
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CONTRACEPTION
& PREVENTION
See also:
REFUSAL
CLAUSES
YOUTH: Child Abuse Reporting
Introduced: 7 states
States with further action
Committee
action: VA
Enacted:
CO
Click
here for current status of state policy
In
February, COLORADO Gov. Bill Owens (R) signed an appropriation
bill for the Department of Public Health and Environment that continues
the state's policy of prohibiting state family planning funds from
going to organizations that provide abortion services with their
own funds. The measure passed both chambers of the legislature in
February.
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Introduced: 7 states
States with further action
Committee
action: SD and UT
Enacted:
NJ
Click
here for current status of state policy
(ENACTED)
In January, NEW JERSEY Acting Gov. Dick Codey
(D) signed a bill that requires health benefit plans that cover
outpatient prescription drugs to include coverage of prescription
contraceptives. A religious employer can be exempted from the requirement
if the objection is based on bona fide religious beliefs and the
organization is a church, association of churches or a religiously
sponsored school. Exempted organizations must notify employees of
the refusal. In 2005, the bill passed the Senate in June and the
Assembly in December.
In
January, a NEW YORK appeals court rejected a challenge
to the state's contraceptive coverage mandate based on its provisions
allowing certain religious employers to refuse to provide the coverage.
The law was challenged by religiously-affiliated organizations who
claimed that the existing exemption was too narrow and as such violated
federal and state constitutional protections for religion. The court
held that the law does not violate religious rights because it is
designed to increase women's access to health care services and
not impinge on religion. The religious organizations plan to appeal
to the state's highest court.
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Offering
Emergency Contraception Services to Sexual Assault Victims:
Introduced: 12 states
States with further action
Committee
action: HI and SD
Click
here for current status of state policy
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Allowing
Pharmacists to Provide Emergency Contraception without a Prescription:
Introduced: 7 states
States with further action
Passed
at least one chamber: CO and NY
Click
here for current status of state policy
In
February, the COLORADO House adopted a measure that would
give pharmacists prescribing authority for emergency contraception.
The bill specifically excludes medication abortion from the definition
of emergency contraception. It is awaiting action by the Senate.
In
February, the NEW YORK Assembly passed a measure that would
allow pharmacists and registered nurses to dispense emergency contraceptives
without a prescription if acting under an agreement with a physician,
nurse practitioner or licensed midwife. The pharmacist would
have to complete training on emergency contraception and provide
clients with a fact sheet that would be developed by the state Department
of Health. This measure is identical to another bill that was vetoed
last year by Gov. George Pataki (R).
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Expanding
Access to Emergency Contraception:
Introduced: 4 states
Click
here for current status of state policy
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Restricting
Access to Emergency Contraception:
Introduced: 7 states
States with further action
Committee
action: AZ, IL and NH
Click
here for current status of state policy
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Requiring
Pharmacists or Pharmacies to Dispense Contraception
Introduced: 9 states
State with further action
Commitee
action: AZ
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HPV
Introduced: 6 states
State with further action
Committee
action: WV
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Introduced: 10 states
States with further action
Committee
action: AZ, MS and VA
Click
here for current status of state policy
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State
Medicaid Family Planning Eligibility Expansions
Introduced: 2 states
States with further action
Committee action: VA and
WI
Click
here for current status of state policy
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PREGNANCY
& BIRTH
See also:
REFUSAL
CLAUSES
Introduced: 28 states
States with further action
Committee
action: GA, IN, MS, NH, OK, SC and SD
Passed
at least one chamber: AL
In January,
the ALABAMA House passed a measure that would amend the state's
current law to permit a fetus of any gestational age to be considered
a victim of either criminal assault or homicide. Exceptions would
be made for standard medical care provided with the pregnant woman's
consent. The measure is awaiting action in the Senate.
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HIV
Testing of Infants and Pregnant Women
Introduced: 3 states
State with further action
Committee
action: NJ
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Introduced: 8 states
States with further action
Committee
action: HI, IL and WA
Click
here for current status of state policy
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Infertility
Coverage
Introduced: 8 states
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Introduced: 17 states
States with further action
Committee
action: AK and HI
Passed
at least one chamber: ID
Click
here for current status of state policy
In
February, the IDAHO Senate adopted a measure that would
make it a criminal act for a woman to use controlled substances
during pregnancy. The bill would not apply in cases when drugs are
taken for legal purposes. Although the legislation would not require
physicians to report prenatal substance abuse, it would grant them
immunity from liability if they did so. The measure is awaiting
action in the House.
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REFUSAL
CLAUSES
Allowing
Health Professionals to Refuse:
Introduced: 12 states
States with further action
Committee
action: MO and SD
Click
here for current status of state policy
Allowing
Insurers to Refuse:
Introduced: 8 states
State with further action
Committee
action: MO
Click
here for current status of state policy
Allowing
Pharmacists to Refuse:
Introduced: 16 states
States with further action
Committee
action: MO and SD
Click
here for current status of state policy
Allowing Facilities to
Refuse:
Introduced: 8 states
State with further action
Committee
action: MO
Click
here for current status of state policy
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Allowing Health Professionals
to Refuse:
Introduced: 12 states
States with further action
Committee
action: MO and SD
Click
here for current status of state policy
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Allowing Pharmacists
to Refuse:
Introduced: 17 states
States with further action
Committee
action: IL, MO, NH and SD
Click
here for current status of state policy
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Allowing Health Professionals
to Refuse:
Introduced: 9 states
States with further action
Committee
action: MO and SD
Click
here for current status of state policy
Allowing Insurers to
Refuse:
Introduced: 7 states
Click
here for current status of state policy
Allowing Pharmacists
to Refuse:
Introduced: 11 states
States with further action
Committee
action: MO and SD
Click
here for current status of state policy
Allowing Facilities to
Refuse:
Introduced: 8 states
State with further action
Committee
action: MO
Click
here for current status of state policy
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YOUTH
See also:
ABORTION: Parental Involvement
CONTRACEPTION & PREVENTION: Parental Involvement
Introduced: 12 states
States with further action
Committee
action: MS and VA
Passed
at least one chamber: KY
In January,
a three judge panel of the U.S. 10 th Circuit Court of Appeals lifted
a 2003 injunction barring enforcement of KANSAS ' controversial
statutory rape reporting law. As interpreted by Kansas Attorney
General Phill Kline, the law would have required health care providers
to report consensual sexual behavior between minors under the age
of 16 to law enforcement or face fines. Lawyers are currently seeking
a permanent injunction in federal District Court.
In
February, the KENTUCKY House passed a measure that would
expand the state's existing statutory rape laws by establishing
specific criminal penalties for sexual relationships between a minor
and someone in a position of authority. The measure is awaiting
action in the Senate.
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Provisions Requiring
Sex Education:
Introduced: 24 states
States with further action
Committee
action: HI, IL and WI
Passed
at least one chamber: MS, SD, UT and VA
Click
here for current status of state policy
In
February, a committee in the MISSISSIPPI House defeated
a measure that would have required students to receive abstinence
education and information on fetal development. The purpose of instruction
on fetal development was to provide a "better understanding of the
relationship between the mother and her unborn fetus." Currently,
school districts in the state have the option of providing abstinence
education. The bill passed the Senate in February.
In
February, a committee in the SOUTH DAKOTA Senate defeated
a measure that would have amended the state's requirements for abstinence
education, which is a mandatory component of the required character
education. The bill specifically would have prohibited instruction
on contraception; it passed the House in February.
In
February, a committee in the SOUTH DAKOTA Senate defeated
a measure that would have prohibited the distribution of contraceptives
and abortifacients on school grounds. It passed the House in February.
In
February, the UTAH Senate adopted a bill that would set
guidelines for school boards to follow when authorizing a school
club or allowing a club to use school facilities. Criteria for denial
include clubs with activities that "involve human sexuality" by
presenting information that violates sex education laws, discussing
sex outside of legal marriage or in a manner that is prohibited
by state law, or discussing contraception. The bill was subsequently
defeated by a House committee in early March.
In January,
the VIRGINIA House adopted a measure that would require school-based
sex education to "emphasize" abstinence. Curricula would also be
required to encourage students to "honor and respect monogamous
heterosexual marriage" and discuss the emotional and psychological
consequences of adolescent sexual activity. The measure would give
parents the option to remove their children from the instruction.
The measure is awaiting action in the Senate.
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Production of the State Update
is made possible by support from The David and Lucile Packard Foundation
and The John Merck Fund.
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